2007 ORS § 453.885¹
Decontamination of property
  • certification process

(1) The owner of property determined to be not fit for use under ORS 105.555 (Places declared nuisances subject to abatement), 431.175 (Warrant procedure) and 453.855 (Purpose) to 453.912 (Governmental immunity from liability) who desires to have the property certified as fit for use may use the services of a contractor licensed by the Department of Human Services to decontaminate the property or, upon approval by the department, the owner, or an agent of the owner, may perform the decontamination work. The contractor, in coordination with the owner or agent of the owner, shall prepare and submit a written work plan for decontamination to the department. If the work plan is approved and the decontamination work is completed according to the plan and is properly documented, the department shall certify the property as having been decontaminated in compliance with rules of the department. Upon the completion of the work plan, the department shall require the licensed contractor’s affidavit of compliance with the approved work plan.

(2) The property owner shall notify the Director of the Department of Consumer and Business Services of the certification. No person who is not licensed by the Department of Human Services under ORS 105.555 (Places declared nuisances subject to abatement), 431.175 (Warrant procedure) and 453.855 (Purpose) to 453.912 (Governmental immunity from liability) shall advertise to undertake or perform the work necessary to decontaminate property determined to be not fit for use under ORS 105.555 (Places declared nuisances subject to abatement), 431.175 (Warrant procedure) and 453.855 (Purpose) to 453.912 (Governmental immunity from liability).

(3) Upon receipt of the certificate and a request by the property owner to remove the property from the list, the Director of the Department of Consumer and Business Services shall cause the property to be removed from the list. [1989 c.915 §11; 1999 c.861 §3]